SRIKANTA ROY Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and also the learned counsel for the respondent no. 2. The respondent no. 1, State of Assam is a normal party.

(2.) The petitioner Srikanta Roy who is one of the accused in C.R. Case No. 967/2017 has filed an application u/s 401 Cr.P.C. for quashing the C.R. Case No. 967/2017 pending before the learned CJM, Kamrup(M) and also the impugned order dated 04.07.2017 of taking cognizance.

(3.) The son the present petitioner, namely, Anirudha Roy who is the husband of the respondent no. 2, Smti. Archita Choudhury had entered into marriage on 20.04.2011 and thereafter in connection with his job said Anirudha Roy left Guwahati for California to rejoin his job and the respondent no. 2 i.e. his daughter-in-law remained in the matrimonial home. The respondent no. 2 was not taken to the job place of Anirudha Roy which he assured erlier to take her to his work place. After few months on 10.11.2011 the respondent no. 2 filed FIR before the O.C. of Police Station raising certain allegations that the present petitioner along with three others started to demand dowry and subjected her to various types of torture for not giving proper dowry in the marriage. On the other hand her husband instead of supporting her had supported the conduct of the other in-laws that until and unless she fulfils their demand of dowry she cannot join her husband in USA. On a few occasions subsequently, she was forcefully confined in her rooms by her in-laws named in the FIR i.e. her father-in-law, mother-in-law and sister-in-law and her husband. The above FIR was registered as All Women P.S. Case No. 17/2012 u/s 498A IPC and however ended in Final Report on 25.09.2016. The learned Trial Court after receipt of such Final Report issued notice to the complainant/respondent to be present when the matter is called for hearing and in turn, the respondent-wife filed protest petition to the Final Report on 03.01.2017, raising serious objection against such filing of Final Report and she reiterated all her allegations that was incorporated in her initial FIR and contended that the Final Report has been filed in connivance of the police and her in-laws. In her protest petition she has narrated the incident that was reported in her FIR filed earlier about all the allegations regarding those demand of dowry, torture, confinement for non-fulfilment of the demand and that she was forced to leave her job etc. etc. The learned Court below upon hearing the matter of both sides and on perusal of the case-diary and the protest petition passed an order dated 27.02.2017 reject Final Report of the police and proceed with the protest-petition that was field by the complainant as complaint. Thereafter a Court registered the said protest petition as a complaint case and examined the complainant and her two witnesses u/s 202 Cr.PC and took cognizance of the offence u/s 498(A)/34 IPC vide its order dated 04.07.2017 and issued summon to the accused-persons to face the trial. The above order dated 04.07.2017 and subsequent proceeding has been challenged in this present petition, by the petitioner who is one of the accused in the said case.